Whether you are buying or selling a property in the County of Newell, you may need a Certificate of Compliance and a Real Property Report, especially if there have been any improvements to the property.
What is a Certificate of Compliance?
A Certificate of Compliance is an endorsement by the County of Newell confirming that development on a property meets the requirements of the Land Use Bylaw. The County does not inspect the property: the endorsement only applies to the improvements shown on a Real Property Report.
What is a Real Property Report?
A Real Property Report is a legal document prepared by an Alberta Land Surveyor that clearly illustrates the location of development (dwelling, accessory buildings, decks, sheds, fences and other structures) on a property relative to the property boundaries.
The County of Newell cannot provide you with a Real Property Report. If you do not have a copy of a recent Real Property Report, you can obtain one through a registered Alberta Land Surveyor.
If you have a Real Property Report that is older than six (6) months and less than ten (10) years old, you will need to complete a Statutory Declaration. A Statutory Declaration is a legal document that declares all information on the Real Property Report to be true and affirms there have been no alterations or improvements made to the principle buildings shown on the Report.
How do I apply for a Certificate of Compliance?
You can apply by making request to the County of Newell Planning and Development Department. You will be required to submit the following:
- The legal description or municipal address of the subject parcel
- A Real Property Report:
- An original Real Property Report signed by a surveyor licensed to practice in Alberta OR
- A legible, unaltered copy of an original Real Property Report that is less than ten (10) years old with a completed Statutory Declaration indicating no changes, alterations, or additions to the principal buildings have been made since the report was prepared.
- An Application Fee as described in the fee schedule adopted by Council and amended from time to time.
Our review of your application will result in one of the following outcomes:
- Compliance: if all developments shown on your Real Property Report meet the requirements of the Land Use Bylaw, the County will endorse compliance with a stamp on the original Real Property Report submitted for review.
- Non-Compliance: if a property does not comply with requirements of the Land Use Bylaw, a Development Officer will contact you and outline what must be done to bring the property into compliance. This may include:
- Removing or relocating accessory buildings or fences to meet required setbacks.
- Removing any structures located on County property such as municipal reserve land, drainage easements or utility right of way.
- Obtaining approvals to allow for structures included on the Real Property Report by applying for Development Permits.
The property owner is responsible for bringing the property into compliance before a Certificate of Compliance can be endorsed.
- Legal Non-Conforming: if the development was in compliance with the Land Use Bylaw in effect at the time of the original development, it may be deemed to be legal non-conforming as outlined under Section 643 of the Municipal Government Act and shall be allowed to remain, subject to the conditions outlined in the Act.